New York Attorney General Letitia James wants a second opinion on whether PepsiCo should be legally liable for their plastic litter.
James, a Democrat, filed a notice Monday in the state’s Supreme Court in Erie County to appeal a lower court’s decision dismissing her office’s complaint against the multibillion-dollar food and beverage brand’s trashed bottles and chip bags. She made history as the first state attorney general to allege plastic pollution violates public nuisance laws and the company should have to pay for it.
New York Supreme Court Justice Emilio Colaiacovo dismissed the complaint last month, rejecting the nature of the suit as “contrary to every norm of established jurisprudence,” he wrote in his opinion.
The filing does not include specifics or explain the grounds for appeal. A spokesperson for the attorney general’s office declined to comment beyond the notice of appeal.
